Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2409 of 2019 Petitioner :- Dukhi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Kumar Srivastava,Rajesh Kumar Mall Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Mall, learned counsel for the petitioners, Sri Prabhash Pandey, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners for quashing the impugned FIR dated 17.9.2018 registered as case crime no. 278 of 2018, under Sections 376, 504, 506 I.P.C., police station Sevrahi, District Kushinagar.
It has been submitted by the learned counsel for the petitioners that earlier an F.I.R. was lodged by petitioner no. 2 against respondent no. 3 for the offence under sections 323, 504 I.P.C. and after three months of the same, the impugned F.I.R. has been lodged by respondent no. 3 against the petitioners, who happens to be husband and wife alleging allegation of rape against petitioner no. 1 which is absolutely false and with malafide intention, hence the same is liable to be quashed.
Per contra learned AGA for the State submitted that there is allegation of rape against petitioner no. 1 and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Shiraz